Appellate cases
Decisions on appeal
Selected appeals briefed or argued by Brian D. Shapiro before the Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel of the Ninth Circuit, with links to each opinion.
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2025B.A.P. 9th Cir.
In re Global One Media, Inc. (Shapiro v. Newtek Small Business Finance, LLC)
667 B.R. 878 (B.A.P. 9th Cir. 2025) · BAP No. NV-24-1130
As Subchapter V trustee, objected to a lender's claim as unperfected. The bankruptcy court held the lender perfected by filing UCC-1 statements where the equipment was located. The Panel reversed and remanded: for a registered organization, the financing statement belongs in the state of incorporation, here Delaware.
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20179th Cir. & B.A.P.
Greif & Co. v. Shapiro (In re Western Funding Inc.)
BAP No. NV-15-1238 (B.A.P. 9th Cir. 2016), aff'd, No. 16-60048 (9th Cir. Dec. 1, 2017)
As liquidating trustee, settled fraudulent transfer claims against American Express for $331,476.53. A trust beneficiary objected. The Panel affirmed approval of the settlement under the fair-and-equitable standard, and the Ninth Circuit affirmed again.
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20149th Cir.
Shapiro v. Henson
739 F.3d 1198 (9th Cir. 2014) · No. 11-16019
The debtor spent funds from her bank account after filing, and the lower courts denied turnover because she no longer held them. In a case of first impression, the Ninth Circuit reversed and declined to follow the Eighth Circuit: § 542(a) reaches anyone who had possession, custody or control of estate property at any time during the case.
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2014B.A.P. 9th Cir.
In re Grossman (Shapiro v. Grossman)
BAP No. NV-13-1325 (B.A.P. 9th Cir. Feb. 4, 2014)
After the trustee asserted that half of a $5,000 monthly divorce payment was a nonexempt property settlement rather than support, the debtor moved to dismiss her own case. The Panel reversed the dismissal, vacated the order and remanded, holding that dismissal would prejudice creditors.
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2012B.A.P. 9th Cir.
Levesque v. Shapiro (In re Levesque)
473 B.R. 331 (B.A.P. 9th Cir. 2012) · BAP No. NV-11-1742
The debtors reopened their Chapter 7 case and sought to convert it to Chapter 11. The Panel affirmed denial of conversion, holding that the Chapter 7 trustee has standing to be heard on a motion to reopen and that, under Marrama, a debtor has no absolute right to convert.
Published bankruptcy court decisions
Reported trial-level decisions from the District of Nevada.
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2012Bankr. D. Nev.
Shapiro v. Smith (In re Smith)
481 B.R. 633 (Bankr. D. Nev. 2012) · Adv. No. 11-01339
Memorandum decision after trial in the trustee's adversary proceeding against the debtor.
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2011Bankr. D. Nev.
In re HyLoft, Inc.
451 B.R. 104 (Bankr. D. Nev. 2011)
The Chapter 7 trustee moved under Rule 9019 to approve an asset purchase combined with a compromise of claims, and creditors objected. The court declined to approve the deal without proof that it gave the estate the greatest available benefit.
Unpublished decisions are not precedent except as provided by Ninth Circuit Rule 36-3 and BAP Rule 8024-1. Prior results do not guarantee a similar outcome.